Responsive Regulation
Regulation is the process by which we influence the flow of events.
Within a framework of democratic governance, interference with the
freedom of others needs to have some justification. Some acts of
regulation seem very natural to us as when we hold a child's hand to
cross the road. Other acts of regulation are far more controversial, as
when government seeks to control business or incarcerate refugees in
detention centres.
Whatever the domain of regulation, there is an argument for ensuring
freedoms are respected and regulation is not too
heavy-handed and contextually inappropriate. Responsive regulation
aids in recognizing ill conceived and
overly intrusive regulatory processes.
To regulate responsively in relation to a piece of legislation means to
improve the community’s commitment to and compliance with the
legislation:
(a) through processes that involve respectful treatment, deliberative
dialogue to quell resistance, and genuine willingness to change and
address weaknesses in the system;
(b) through fairly directing and fully explaining disapproval of non-compliant behaviour;
(c) through preparedness to administer sanctions; and
(d) with capacity to follow through to escalate regulatory intervention in the face of continuing non-compliance.
Publications and Presentations
Braithwaite, V. (ed)
Responsive Regulation and Taxation, Special issue, Law and Policy 29(1) 2007.
Braithwaite, V. & Braithwaite, J.
Democratic sentiment and cyclical markets in vice, British Journal of Criminology 46 2006:1110-1127.
Braithwaite, V.
Regulating responsively through local capacity
building. Paper presented in the Regulatory Institutions Network
Seminar Series, Australian National University, Canberra, 12 September
2006.
Braithwaite, V.
Reintegrative Shaming and Compliance. Paper presented at the conference
hosted by the Dutch Tax and Customs Administration & Netherlands
Institute for the Study of Crime and Law Enforcement, Managing and
Maintaining Compliance: Closing the Gap between Science and Practice,
Leiden University, Netherlands, 9-11 April 2006.
Braithwaite, J.
Markets in Vice, Markets in Virtue. Federation Press, Sydney, and Oxford University Press, New York, 2005. 236 pp.
Braithwaite, J.
Meta risk management and responsive regulation of tax system integrity, Law and Policy 25(1) 2003: 1-16.
Braithwaite, V. (ed)
Taxing Democracy: Understanding Tax Avoidance and Tax Evasion. Ashgate, Aldershot, 2003.
Braithwaite, V. & Braithwaite, J.
An evolving compliance model for tax enforcement. In N. Shover and P. Wright (eds) Crimes of Privilege. Readings in White Collar Crime. Oxford University Press, New York & Oxford, 2001: 405-419.
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Page last updated 2 January 2007
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